How to File to Stop an Eviction
A tenant who has experienced the loss of a job or other financial hardship may be confronted with the inability to pay rent. If approaching your landlord to reach an amicable and mutually acceptable resolution fails, then your landlord may commence eviction proceedings against you in court. You have the right to appear to defend yourself against the eviction, but if you fail to appear, the landlord will obtain a default judgment of eviction against you.
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Instructions
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Go to the courthouse or court website to obtain the forms and instructions for an order to show cause. An Order to Show Cause is a written request to the court asking it to stop or delay the eviction and reopen the case so you can present evidence in your favor. The Order to Show Cause form asks you to fill in the name of the landlord and your name as the parties.
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Complete the supporting affidavit. This is your sworn statement signed in front of a notary public explaining the reasons you believe the eviction should be delayed or stopped entirely -- your defense -- and why you did not appear in court in the first place. The most common defenses are that the rent was paid and you have receipts or that the landlord failed to do repairs to keep the place habitable. Reasons for not appearing in court when the case was on the court's calendar could be that you never received the eviction papers from the landlord or you were out of town or sick.
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File the Order to Show Cause and affidavit with the clerk of the court. The clerk will review your papers and, if properly filled out, fill in a date on which the case will appear on the court's calendar before presenting them to the judge to be signed. After the judge signs them, a copy of the Order to Show Cause and supporting affidavit will be return to you for service on the landlord.
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Serve the Order to Show Cause on the landlord. After the judge signs the Order to Show Cause, the clerk will give you a copy to serve on the landlord. If the Order to Show Cause includes a direction to the sheriff or marshal to delay the eviction, then you will also be instructed to serve a copy on the sheriff or marshal. The Order to Show Cause will also contain instructions on the proper method to be used to serve the landlord and sheriff such as by mail or personal delivery.
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File proof of service with the court. You must return a copy of the Order to Show Cause to the court with proof that you served the papers in the manner the court directed. The proper form to use for proving that you served the papers will be given to you by the clerk when you are given the Order to Show Cause for service. Fill in the date, time and method of service on the form before giving it to the clerk.
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Go to court on the new date. You must appear in court on the new date assigned by the judge in the Order to Show Cause ready to present your defense to the eviction proceeding if the judge decides to hold a hearing.
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Tips & Warnings
Attach rent receipts, photographs or other documents to your supporting affidavit to lend credibility to your defense.
Legal aid or legal services attorneys are available in most areas to assist people facing eviction who cannot afford to retain an attorney.
References
Resources
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